While some of these revisions are more technical in nature, there are some others which could have an impact on employers and some portions which aren’t revisions, but additions. Here are a few highlights:

For employers that use a fluctuating workweek method of payment of employees (in which an employee is paid a fixed salary for fluctuating hours), there had been some discussion that the DOL might allow bonus payments in such instances. Instead, the DOL questioned such payments noting that "bonus and premium payments … are incompatible with the fluctuating workweek method."

Another major area that the regulations addressed was whether an employer has to "inform" an employee of tip credit provisions. The DOL stated that employers do need to "inform" the employees of the tip credit, but also notify the employee of various items before utilizing the method. These items include:

the direct cash wage the employer is paying the employee

the amount the employer is using as a credit against tips received

The regulations contain a more detailed list of information to be provided. Therefore restaurants in particular should review these items and make sure that their policies and practices will be compliant with these new regulations.

Of course not all of the revisions are notable. In one area, the regulations revise existing regulations to remove the words "firefighter" and replace them with "employee in fire protection activities".

Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. Dan is the author of the independent Connecticut Employment Law Blog. The blog discusses new and noteworthy events in labor and employment law on a daily basis.

Subscribe to this blog

Enjoyed this article? Sign up and get the updates sent to your email inboxYour website url

About Dan

Daniel A. Schwartz created the Connecticut Employment Law Blog in 2007 with the goal of sharing new and noteworthy items relating to employment law with employers, human resources personnel, and executives in Connecticut. Since then, the blog has been recognized by the ABA Journal, and was one of ten named to the “Blog Hall of Fame” in recognition of the blog’s contributions and consistency over the years.